ADDENDUM TO THE ANNEX ON REVENUE GENERATION AND WEALTH SHARING AND THE ANNEX ON POWER SHARING FREQUENTLY ASKED QUESTIONS ON THE BANGSAMORO WATERS AND ZONES OF JOINT COOPERATION Q: What are Bangsamoro Waters? How are they diferent from municipal waters? The Bangsamoro Waters shall extend up to 22.224 kilometers (12 nautical miles) from the low-water mark of the coasts that are part of the Bangsamoro territory. The Bangsamoro Waters shall be part of the territorial jurisdiction of the Bangsamoro political entity. Municipal waters extend up to 15 kilometers from the coasts. Municipal waters are therefore part of the Bangsamoro Waters. Q: Will the creation of Bangsamoro Waters diminish the rights of municipalities over their municipal waters? Municipalities will continue to exercise the devolved powers and responsibilities provided to them by law. The Local Government Code grants certain authorities to municipalities over municipal waters such as enforcement of fshery laws and grant of fshery privileges. The rights of municipalities that are part of the Bangsamoro over their respective municipal waters are safeguarded by the provisions in the Framework Agreement on the Bangsamoro (FAB). The FAB guarantees non-diminution of the privileges enjoyed by local government units (LGUs) unless altered, modifed, or reformed for good governance and pursuant to a Bangsamoro local government code that the future Bangsamoro assembly may pass. Q: What will happen to the waters of LGUs that are outside the Bangsamoro but are contiguous to the Bangsamoro Waters? The Addendum on the matter of the Bangsamoro Waters and Zones of Joint Cooperation provides that when there are thirty (30) kilometers or less of waters between the coasts of two municipalities, one of which is part of the Bangsamoro territory and the other is not, a line shall be drawn equally distant between the two coasts to delineate the extent of the municipal waters and the Bangsamoro Waters. However, should the distance between the two coasts be more than thirty (30) kilometers but less than 37.224 kilometers (or 22.224 kilometers plus 15 kilometers), then the demarcation shall be on the edge of the municipal waters to distinguish it from the Bangsamoro Waters. As the map shows, neighboring LGUs that are outside the proposed Bangsamoro core territory retain the existing coverage of their municipal waters. If these overlap with the municipal waters of a municipality that is part of the Bangsamoro political entity, then the equidistant rule applies. Q: What are Zones of Joint Cooperation? Zones of Joint Cooperation are the bodies of water, particularly the Sulu Sea and the Moro Gulf, which are also within the territorial sea of the Philippines and are not part of the Bangsamoro territory. In these areas, the Bangsamoro Government and the Central Government shall cooperate on matters such as fsheries and marine development, environmental protection, and enhancement of the movement of vessels, goods, and people. The cooperation and coordination between the Central Government and the Bangsamoro Government within the Zones of Joint Cooperation shall be maintained through the joint body and the other intergovernmental relations mechanisms. Q: Why do we need to have these Zones of Joint Cooperation? These zones are established for the purpose of a) protection of indigenous communities traditional fshing grounds, b) creating opportunities for beneftting from resources, and c) interconnectivity of the islands and the mainland parts of a cohesive Bangsamoro political entity. Q: What are the wealth-sharing and power-sharing arrangements between the Central Government and the Bangsamoro Government within the Bangsamoro Waters? What about within the Zones of Joint Cooperation? The same wealth-sharing and power-sharing arrangements as those to be exercised by the Bangsamoro Government in the provinces and cities that comprise the autonomous region shall apply in the Bangsamoro Waters. Therefore, the classifcation of powers into reserved, concurrent, and exclusive will also apply. The Central Government retains its reserved powers over defense and external security, foreign policy, immigration, common market and global trade, among others. The Bangsamoro Basic Law (BBL) shall provide the details on how to operationalize the exercise of joint cooperation between the Central Government and the Bangsamoro Government within the Zones of Joint Cooperation. All local governments along the Sulu and the Moro Gulf will be represented in the joint body that will be created for this purpose. Q: What wealth-sharing arrangements shall apply should oil, gas or other fossil fuels be found in the Bangsamoro Waters and the Zones of Joint Cooperation? Within the Bangsamoro Waters, the Annex on Wealth Sharing provision on a 50-50 sharing scheme on government revenues from fossil fuels shall apply. As for the Zones of Joint Cooperation, the Central Government and the Bangsamoro Government shall cooperate and coordinate through the intergovernmental relations mechanism to determine the sharing of income and revenues derived from the exploration, development, and utilization of non-living resources. Q: Who are given preferential rights in the Zones of Joint Cooperation and why? The Bangsamoro people, other indigenous peoples in adjoining provinces, and the resident fshers in the Bangsamoro shall have preferential rights over fshery, aquamarine, and other living resources in the Zones of Joint Cooperation. The Constitution, in Article XII (National Economy and Patrimony) states that the purpose of the national economy is a more equitable distribution of opportunities, income, and wealth. In Article XIII (Social Justice and Human Rights) Congress is enjoined to enact measures that will reduce social, economic, and political inequalities and remove cultural inequities through the equitable difusion of wealth and political power for the common good. The grant of preferential rights to these specifc groups of people gives life to these constitutional guarantees. Q: Can fshermen who are not residents of the Bangsamoro still freely fsh in the Bangsamoro waters? Yes. Bangsamoro Waters as part of the territorial waters of the Philippines remain available to all Filipino citizens for fshing subject only to regulation by the Bangsamoro Government and the respective local governments with respect to their municipal waters. Q: Will the Bangsamoro Waters and Zones of Joint Cooperation reduce the territorial sea of the Republic of the Philippines? Will their creation afect the Philippines rights and obligations under the UN Convention on the Law of the Sea (UNCLOS)? No. Bangsamoro Waters and the Zones of Joint Cooperation remain part of the territorial sea of the Philippines, as defned in the UNCLOS. As such, all rights and obligations of the country with respect to these areas are retained. FRAMEWORK AGREEMENT ON THE BANGSAMORO Signed 15 October 2012 ANNEX ON TRANSITIONAL MODALITIES AND ARRANGEMENTS Signed 27 February 2013 Roadmap attached ANNEX ON REVENUE GENERATION AND WEALTH SHARING Signed 13 July 2013 Components: Revenue Generation Wealth Sharing Fiscal Administration ANNEX ON POWER SHARING Signed 8 December 2013 Components: Principles of Intergovernmental Relations Government Structure Delineation of Powers under the three lists of powers--reserved, concurrent, and shared Other Matters ANNEX ON NORMALIZATION Signed 25 January 2014 Components: ADDENDUM ON BANGSAMORO WATERS Signed 25 January 2014 COMPREHENSIVE AGREEMENT Policing Transitional Components of Normalization Decommissioning Redeployment of the AFP UXOs and Landmines Disbanding of Private Armed Groups (PAGs) Socio-Economic Development Program Transitional Justice and Reconciliation Confdence-building measures 2014 2012 - 2013 ROADMAP TO THE BANGSAMORO POLITICAL ENTITY F R A M E W O R K A G R E E M E N T FAB signed on October 15, 2012 GPH & MILF Panels Joint Normalization Committee Law drafted & submitted Congress deliberates President certifes as urgent If needed Propose Constitutional Ammendments Assist in development projects Consultations, dialogues, etc Third-Party Monitoring Team E.O. is issued to create Bangsamoro Transition Commision Four Annexes to the FAB Advocates campaign for passage and ratifcation Elected Bangsamoro Govt (Ministerial) 2015 2016 Basic Law passed Referendum in proposed Bangsamoro territory TC is abolished ARMM winds up Bangsamoro Transition Authority (BTA) (Interim Ministerial Govt) BTA is dissolved TPMT, Panels dissolved Advocates campaign for passage and ratifcation May 2016 vote Exit Agreement O F F I C E
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* For inquiries, you may contact us at: gphpanelsecretariat@gmail.com SMART 0928-661-4981 www.opapp.gov.ph OPAPP - GPH Peace Negotiating Panel for Talks with the Moro Islamic Liberation Front (MILF) Booklet produced on Dec. 16, 2013, Metro Manila